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The Constitution of the Republic of Azerbaijan
Continuing the centuries-long statehood traditions, taking as a basis the principles expressed in the Constitution act "On the State Independence of the Republic of Azerbaijan", desiring to provide prosperity and welfare of the whole society and each individual, wishing to establish freedom and security, understanding the responsibility before the past, present and future generations, using the right of its sovereignty declares solemnly its following intentions:
- to protect the independence, sovereignty and territorial integrity of the Republic of Azerbaijan;
- to provide a democratic system within the frames of the Constitution;
- to achieve the establishment of a civil society;
- to build a law-based, secular state to provide the command of law as an expression of the will of the nation;
- to provide a worthy life level for everybody in conformity with just economic and social order;
- to remain faithful to universal human values, to live in peace and freedom with all the nations of the world and co-operate with them for this purpose.
Having in mind the above-enumerated sincere intentions the Present Constitution is adopted through the general poll of population referendum.
CONTENTS
FIRST SECTION: GENERAL
- Chapter I. PEOPLE'S POWER
- Chapter II. BASIS OF STATE
SECOND SECTION: BASIC RIGHTS, LIBERTIES AND RESPONSIBILITIES
- Chapter III. BASIC RIGHTS AND LIBERTIES OF A PERSON AND CITIZEN
- Chapter IV. MAIN RESPONSIBILITIES OF CITIZENS
THIRD SECTION: STATE POWER
- Chapter V. LEGISLATIVE POWER
- Chapter VI. EXECUTIVE POWER
- Chapter VII. JUDICIAL POWER
- Chapter VIII. NAKHICHEVAN AUTONOMOUS REPUBLIC
FORTH SECTION: LOCAL SELF-GOVERNMENT
- Chapter IX. MUNICIPALITIES
FIFTH SECTION: THE RIGHT AND THE LAW
- Chapter X. LEGISLATIVE SYSTEM
- Chapter XI. CHANGES IN CONSTITUTION OF THE AZERBAIJAN REPUBLIC
- Chapter XII. AMENDMENTS TO THE CONSTITUTION OF THE AZERBAIJAN REPUBLIC
TRANSITIONAL CLAUSES
Chapter I. PEOPLE'S POWER
Article 1. The source of power
I. The sole source of state power in the AzerbaijanRepublic are the people of Azerbaijan.
II. People of Azerbaijan are citizens of the AzerbaijanRepublic living on the territory of the Az-erbaijanRepublic and outside it who are subordinate to the Azerbaijan state and its laws which does not exclude standards of international legislation.
Article 2. Sovereignty of people
I. Sovereign right of the Azerbaijanian people is the right of free and independent determination of their destiny and establishment of their own form of governance.
II. The people of Azerbaijan exercise their sovereign right directly-by way of nation-wide voting-referendum, and through their representatives elected based on universal, equal and direct suffrage by way of free, secret and personal ballot.
Article 3. Questions solved by way of nation-wide voting-referendum
I. People of Azerbaijan may solve any questions involving their rights and interests by way of referendum.
II. The following questions may be solved only by way of referendum:
1. acceptance of the Constitution of the AzerbaijanRepublic and introduction of amendments thereto;
2. change of state borders of the AzerbaijanRepublic.
III. The referendum can not be held with respect to the following issues:
1. Taxation and state budget
2. Amnesty and pardon
3. "Election, appointment or approval of the officials, whose election, appointment or approval has been accordingly referred to the competences of the legislative and (or) executive bodies".
Article 4. Right to represent the people
No one except authorized representatives elected by the people will have the right to represent the people, speak on behalf of people and to make statements on behalf of people.
Article 5. Unity of people
I. The people of Azerbaijan are united
II. Unity of the Azerbaijanian people constitutes the basis of the Azerbaijanian state. AzerbaijanRepublic is mutual and indivisible motherland for all citizens of the AzerbaijanRepublic.
Article 6.Inadmissibility of usurpation of power
I. No part of people of Azerbaijan, no social group or organization, no individual may usurp the right for execution of power.
II. Usurpation of power is the most grave crime against the people.
Chapter II. BASIS OF STATE
Article 7. Azerbaijanian state
1. Azerbaijanian state is democratic, legal, secular, unitary republic.
II. In terms of internal problems state power in the AzerbaijanRepublic is limited only by law, in terms of foreign policy-by provisions resulting from international agreements, wherein the AzerbaijanRepublic is one of the parties.
III. State power in the AzerbaijanRepublic is based on a principle of division of powers:
·Milli Majlis of the AzerbaijanRepublic exercises legislative power;
·executive power belongs to the President of the AzerbaijanRepublic;
·law courts of the AzerbaijanRepublic exercise judicial power.
IV. According to provisions of the present Constitution legislative, executive and judicial power interact and are independent within the limits of their authority.
Article 8. The Head of the Azerbaijanian state
I. The President of the AzerbaijanRepublic is the Head of the Azerbaijanian state. He represents Azerbaijanian state both within the country and in its relations with foreign countries.
II. The President of the AzerbaijanRepublic represents unity of Azerbaijanian people and provides continuity of the Azerbaijanian statehood.
III. The President of the AzerbaijanRepublic is guarantor of independence and territorial integrity of the Azerbaijanian state, observance of international agreements wherein the AzerbaijanRepublic is one of the parties.
IV. The President of the AzerbaijanRepublic is guarantor of independence of judicial power.
Article 9. Military forces
I. In order to provide its safety and defend itself the AzerbaijanRepublic establishes Military forces and other military troops
II. The Azerbaijan Republic rejects a war as a means of infringement on independence of other states and way of settlement of international conflicts.
III. The President of the AzerbaijanRepublic is the Supreme Commander-in-Chief of Military Forces of the AzerbaijanRepublic.
Article 10. Principles of international relations
AzerbaijanRepublicdevelops its relations with other countries based on principles recognized in international legal standards.
Article 11. Territory
I. The territory of the AzerbaijanRepublic is sole, inviolable and indivisible.
II. Internal waters of the Azerbaijan Republic, sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic, air space over the Azerbaijan Republic are integral parts of the territory of the Azerbaijan Republic.
III. No part of territory of the AzerbaijanRepublic may be estranged. The AzerbaijanRepublic will not give any part of its territory to anybody; state borders of the AzerbaijanRepublic might be changed only by free decision of its peoples made by way of referendum declared by Milli Majlis of the AzerbaijanRepublic.
Article 12. The highest priority objective of the state
I. The highest priority objective of the state is to provide rights and liberties of a person and citizen.
II. Rights and liberties of a person and citizen listed in the present Constitution are implemented in accordance with international treaties wherein the AzerbaijanRepublic is one of the parties.
Article 13. Property
I. The property in the AzerbaijanRepublic is inviolable and is protected by state.
II. The property may be state, private and municipal.
III. The property may not be used for restriction of rights and liberties of a person and citizen, interests of society and state, dignity of a person.
Article 14. Natural resources
Without prejudice to rights and interests of any physical persons and legal entities natural resources belong to the AzerbaijanRepublic.
Article 15. Economic development and state
I. Development of economy based on various forms of property in the AzerbaijanRepublic is aimed to prosperity of people.
II. Based on market relationships the Azerbaijanian state creates conditions for development of economy, guarantees free business activity, prevents monopoly and unfair competition in economic relations.
Article 16. Social development and state
I. Azerbaijanian state takes care about improvement of prosperity of all people and each citizen, their social protection and proper living conditions.
II. Azerbaijanian state participates in development of culture, education, public health, science, arts, protects environment, historical, material and spiritual heritage of people.
Article 17. Family and state
I. Family as a basic element of society is under special protection of the state.
II. Parents must take care of their children and their education. The state controls implementation of this responsibility.
Article 18. Religion and state
I. Religion in the AzerbaijanRepublic is separated from state. All religions are equal before the law.
II. Spreading and propaganda of religions humiliating people' dignity and contradicting the principles of humanism are prohibited.
III. State educational system is secular.
Article 19. Monetary unit
I. Monetary unit of the AzerbaijanRepublic is manat.
II. Only National Bank has the right of introducing money into circulation and withdrawal them from circulation. National Bank of the AzerbaijanRepublic belongs exclusively to the state.
III. Use of other monetary units, besides manat, on the territory of the AzerbaijanRepublic is prohibited.
Article 20. Restrictions concerning state debts
Debts made with intention of assisting in revolts against the Azerbaijanian state or coup shall not be accepted by the AzerbaijanRepublic as liabilities and paid.
Article 21. Official language
I. Azerbaijanian language is official language of the AzerbaijanRepublic. AzerbaijanRepublic provides development of the Azerbaijanian language.
II. AzerbaijanRepublic ensures free use and development of other languages spoken by the people.
Article 22. Capital
Bakuis the capital of the AzerbaijanRepublic.
Article 23. Symbols of the Azerbaijanian state
I. State flag of the AzerbaijanRepublic, State Emblem of the AzerbaijanRepublic and State hymn of the AzerbaijanRepublic are state symbols of the AzerbaijanRepublic.
II. State flag of the AzerbaijanRepublic consists of three horizontal stripes of same width. Upper stripe is blue, middle stripe is red, and the lower one is green; in the middle of red stripe on both sides of the flag white crescent with eight-pointed star are depicted. Width of the flag constitutes half of its length.
III. Appearance of state flag of the AzerbaijanRepublic and State Emblem of the AzerbaijanRepublic, music and text of State hymn of the AzerbaijanRepublic are specified by Constitutional Law of the AzerbaijanRepublic.
Chapter III. BASIC RIGHTS AND LIBERTIES OF A PERSON AND CITIZEN
Article 24. Main principle of rights and liberties of a person and citizen
I. Everyone, from the moment when they are born possess inviolable and inalienable rights and liberties.
II. Rights and liberties envisage also responsibility and obligations of everyone to the society and other persons.
Article 25. Right for equality
I. All people are equal with respect to the law and law court.
II. Men and women possess equal rights and liberties.
III. The state guarantees equality of rights and liberties of everyone, irrespective of race, nationality, religion, language, sex, origin, financial position, occupation, political convictions, membership in political parties, trade unions and other public organizations. Rights and liberties of a person, citizen cannot be restricted due to race, nationality, religion, language, sex, origin, conviction, political and social belonging.
Article 26. Protection of rights and liberties of a person and citizen
I. Everyone has the right to protect his/her rights and liberties using means and methods not prohibited by law.
II. The state guarantees protection of rights and liberties of all people.
Article 27. Right for life
I. Everyone has the right for life.
II. Except extermination of enemy soldiers in a case of military aggression, when executing the sentence and in other cases envisaged by law, right of every person for life is inviolable.
III. Death penalty, until it is completely annulled, may be applied legally only in cases of especially grave crime against the state, life and health of a human being.
IV. Arms shall not be used against human beings except cases of necessary defence, urgent situations, whenever a criminal should be caught, to prevent a prisoner from running away, to prevent revolt against the state or coup.
Article 28. Right for freedom
I. Everyone has the right for freedom.
II. Right for freedom might be restricted only as specified by law, by way of detention, arrest or imprisonment.
III. Everyone legally being on the territory of the AzerbaijanRepublic may travel without restrictions, choose the place of residence and travel abroad.
IV. Any citizen of the AzerbaijanRepublic has the right to return to his/her country whenever he/she so desires.
Article 29. Ownership right
I. Everyone has the right to own property.
II. Neither kind of property has priority. Ownership right including right for private owners is protected by law.
III. Everyone might possess movable and real property. Right of ownership envisages the right of owner to possess, use and dispose of the property himself/herself or jointly with others.
IV. Nobody shall be deprived of his/her property without decision of law court. Total confiscation of the property is not permitted. Alienation of the property for state or public needs is permitted only after preliminary fair reimbursement of its cost.
V. The state guarantees succession rights.
Article 30. Right for intellectual property
I. Everyone has the right for intellectual property.
II. Copyright, patent rights and other rights for intellectual property are protected by law.
Article 31. Right to live in safety
I. Everyone has the right to live in safety.
II. Except cases envisaged by law it is prohibited to infringe on anybody's life, physical and spiritual health, property, living premises, to commit acts of violence.
Article 32. Right for personal immunity
I. Everyone has the right for personal immunity.
II. Everyone has the right for confidentiality concerning personal and family life. Except cases envisaged by legislation interference in personal life is prohibited.
III. Gaining, storing, use and spreading information about the person private life without his/her consent is not permitted.
IV. The state guarantees everyone the right for confidentiality with respect to correspondence, telephone communications, post, telegraph messages and information sent by other communication means. This right might be restricted, as specified by legislation, to prevent crime or to find out true facts when investigating criminal case.
Article 33. Right for sanctity of home
I. Everyone has the right for sanctity of his/her home.
II. Except cases specified by law or decision of law court nobody has the right to enter private home against the will of its inhabitants.
Article 34. Right for marriage
I. Everyone has the right to marry on reaching the age specified by legislation.
II. Marriages shall be concluded voluntarily. Nobody should be forced into marriage.
III. Family and marriage are protected by state. Maternity, paternity and childhood are protected by the law. The state provides support to large families.
IV. Rights of wife and husband are equal. Care and education of children constitute both right and responsibility of parents.
V. Responsibility of children is to respect parents, look after them. Children who are of age (18) and capable of working must support disabled parents.
Article 35. Right to work
I. Labor is the basis of personal and public prosperity.
II. Everyone has the right to choose independently, based on his/her abilities, kind of activity, profession, occupation and place of work.
III. Nobody might be forced to work.
IV. Labor agreements are concluded voluntarily. Nobody may be forced to conclude labor agreement.
V. Based on decisions of the law court there might be cases of forced labor, terms and conditions being specified by legislation; forced labor is permissible due to orders of authorized persons during the term of army service, state of emergency or martial law.
VI. Everyone has the right to work in safe and healthy conditions, to get remuneration for his/her work without any discrimination, not less than minimum wages rate established by the state.
VII. Unemployed persons have the right to receive social allowances from the state.
VIII. The state will do its best to liquidate unemployment.
Article 36. Right for strikes
I. Everyone has the right to be on strike, both individually and together with others.
II. Right for strike for those working based on labor agreements might be restricted only in cases envisaged by the law. Soldiers and civilians employed in the Army and other military formations of the Azerbaijan Republic have no right to go on strike.
III. Individual and collective labor disputes are settled in line with legislation.
Article 37. Right for rest
I. Everyone has the right for rest.
II. For those working based on labor agreements 8-hour working day, national holidays and at least one paid vacation with duration of at least 21 calendar days are guaranteed.
Article 38. Right for social protection
I. Everyone has the right for social protection.
II. Most vulnerable persons must get support, in the first place, from members of their families.
III. Everyone has the right for social protection on reaching specific age according to legislation, in case of illness, disability, loss of bread-winner in the family, due to unemployment and in other cases envisaged by legislation.
IV. Minimum sum of pensions and social allowances is specified by law.
V. The state creates possibilities for development of charitable activity, voluntary social insurance and other forms of social protection.
Article 39. Right to live in healthy environment
I. Everyone has the right to live in healthy environment.
II. Everyone has the right to gain information about true ecological situation and to get compensation for damage done to his/her health and property because of violation of ecological requirements.
Article 40. Right for culture
I. Everyone has the right to take part in cultural life, to use organizations and values of culture.
II. Everyone must respect historical, cultural and spiritual inheritance, take care of it, protect historical and cultural memorials.
Article 41. Right for protection of health
I. Everyone has the right for protection of his/her health and for medical care.
II. The state takes all necessary measures for development of all forms of health services based on various forms of property, guarantees sanitary-epidemiological safety, creates possibilities for various forms of medical insurance.
III. Officials concealing facts and cases dangerous for life and health of people will bear legal responsibility.
Article 42. Right for education